Video FAQs

Absent a warrant for your arrest on a misdemeanor, a police officer cannot arrest you. To arrest you on a misdemeanor, the police officer actually has to have seen you commit the crime. There are a few exceptions to that, but that is the general rule. Typically, what they're going to do is tell someone who claims to be a victim that they will need to go to the magistrate and issue a warrant themselves.

Typically, that's exactly how these investigations begin. So, the police officer can ask you questions and if you are not yet in custody, they don't have to read you your Miranda right. The safest thing for you to do if you are concerned is simply ask the officer, "Am I under arrest or am I free to go?" And if you're under arrest now, you're entitled to Miranda and a lawyer. Now, if you're not under arrest, then you're free to go. Whether you answer those questions or not simply is up to you. Our recommendation is always exercise your right to remain silent.

What if the officer searched but didn't have probable cause? That would constitute an unconstitutional search. In that scenario, the evidence obtained is inadmissible in court. And if that evidence doesn't come into court, then they don't have a case. One of the things our firm will do is make sure that probable cause was properly established. And if not, we'll file motions to suppress the evidence. If the evidence goes, so does your case.

If you're under investigation and the police want to look at your phone, do you have to let them? The answer is no. The police officer has to either have your permission or a search warrant to get into your phone. They have to have a search warrant to seize your phone and they have to have a search warrant to enter the contents of your phone. So, you don't have to let them. You don't have to give them permission. Just like you don't have to let them search your house without a search warrant. Just like you don't have to let them draw blood without a search warrant. Those things are constitute searches and for all searches they either have to have permission or a search warrant and they have to have probable cause to get a search warrant.

What happens to evidence that is seized pursuant to an illegal search? Well, the case law in Alabama is clear. If the search and seizure were unlawful, the evidence collected pursuant to that unlawful search is due to be suppressed. What that means is the prosecutor can't bring it into evidence at trial. They can't even comment on it at trial. What does that mean? Typically, it means case dismissed.